Bill S-2 (Historical)

Strengthening Motor Vehicle Safety for Canadians Act

An Act to amend the Motor Vehicle Safety Act and to make a consequential amendment to another Act

This enactment amends the Motor Vehicle Safety Act for the purpose of strengthening the enforcement and compliance regime to further protect the safety of Canadians and to provide additional flexibility to support advanced safety technologies and other vehicle innovations. It provides the Minister of Transport with the authority to order companies to correct a defect or non-compliance and establishes a tiered penalty structure for offences committed under the Act. The enactment also makes a consequential amendment to the Transportation Appeal Tribunal of Canada Act.

[Sean Fraser, Liberal, Central Nova, NS]

Thank you to the minister for being here. I appreciate your presence to discuss this important piece of safety legislation.

When I was doing some review of Bill S-2 before, when it was last on the floor of the House of Commons, I came across an article indicating that as many as one in six cars on Canadian roads today might be subject to an outstanding recall. This blew me away, quite frankly. I don't think Canadians appreciate how many cars are actually subject to a current voluntary recall.

Right now there's not a power for you, or whoever the minister may be in the future, to order it or to prevent the sale from a dealer's lot to get on the roads. With such a low understanding of the number of recalls that are out there, when you use this power—I hope you don't, but should you have to—how are we going to ensure compliance? Can you perhaps point to how the administrative monetary penalty is going to lead to a high completion rate of repair when it comes to really making a difference for the safety of Canadians?

[Marc Garneau, Liberal, Notre-Dame-de-Grâce—Westmount, QC]

There's an example of where we decided that since the manufacturer was not ready to recall the vehicle, but we felt there were safety concerns and we didn't have the tools, i.e., we didn't have the tools of Bill S-2, we exerted pressure, as we could, in discussions with them. It certainly also received quite a bit of media coverage. Eventually Ford decided it was a good idea to proceed with the recall.

The new powers of Bill S-2 will allow us to solve those kinds of problems. I hasten to add that hopefully they won't be used very often. Most of the time, manufacturers not only announce a defect but also proceed with the other steps. Hopefully, most of the time there will not be a need to invoke the powers that Bill S-2 provides.

[Marc Garneau, Liberal, Minister of Transport]

Thank you, Madam Chair.

I apologize ahead of time if I begin to cough on occasion. I am nursing a cold at the moment. Hopefully, it won't happen.

Madam Chair, I'm pleased to be here again this time to speak about Bill S-2, the Strengthening Motor Vehicle Safety for Canadians Act.

This bill is a key component in support of the transportation safety theme set out in Transportation 2030. It fulfills the government's commitment to amending the Motor Vehicle Safety Act, making its regulatory framework more flexible, promoting innovation, and supporting the adoption of new technologies while protecting the safety of Canadians.

A key objective of this bill is to strengthen the recall order powers. In 2014, the act was modified to provide the necessary powers to order a company to issue a notice of defect. Since 2014, that power has been used three times to protect Canadians. However, there is a gap in the application of this power.

Although the government has the power to order a company to issue a notice of defect, there is little it could do today to protect Canadians if a company were to refuse to issue a recall and to pay for the defects to be corrected. This could mean that the repairs would not be carried out and the defective vehicles would still be on our roads. This new authority to order manufacturers to issue a recall and to correct defective or non-compliant vehicles at their expense would close that gap.

I recognize that the recall order powers are powerful tools, which is why this bill includes a recourse mechanism for companies that ensures transparency and accountability. Our goal is to keep our roads safe and protect Canadian consumers.

In addition, the proposal for a new power to order a company to undertake testing of its products, which is similar to the power available under the Canada Consumer Product Safety Act, would be invaluable for defect investigation, particularly where there are proprietary technologies involved. This would assist Transport Canada in carrying out its responsibilities.

Speaking of new technologies, the automated and connected vehicle revolution has arrived. The provisions proposed in this bill are key measures that will support the industry in bringing these innovative technologies to market. They will allow us to maintain the safety of the vehicles on the road where new technologies are being developed and tested, while protecting Canadians. A more efficient exemption process; an extension of the period for interim orders; and the new order power to suspend, modify or adapt a regulation will contribute to our objective of promoting innovation.

Improving our investigation and enforcement tools is also key to protecting Canadians. As such, the bill includes an administrative monetary penalty regime and the new consent project. In addition, the inspector powers have been modified from the previous version of the bill to specify the purpose of the inspector's entry into company property.

Finally, the other House put forward an amendment to the bill to address concerns raised by Canada's vehicle dealers. I am pleased to inform you that we have worked closely with the Canadian Automobile Dealers Association to better understand their views and to clarify how the bill would protect their members. As a result of these conversations, we will be coming forward with a proposed amendment to the current bill that addresses their concerns.

Madam Chair, Canadians have been waiting far too long for the improvements in this bill. It has been nearly two and a half years since the majority of these provisions were first proposed by the previous government. I hope that your committee will pass this bill swiftly so that all Canadians can benefit from increased safety that these provisions will bring, while we continue pursuing other ways to improve safety for Canadians.

Thank you, Madam Chair.

[The Chair (Hon. Judy A. Sgro (Humber River—Black Creek, Lib.)), Liberal, Judy Sgro]

I am calling to order meeting number 72 of the Standing Committee on Transport, Infrastructure and Communities, in the 42nd Parliament, first session, pursuant to the order of reference of Wednesday, September 20, 2017, to study Bill S-2, an act to amend the Motor Vehicle Safety Act and to make a consequential amendment to another act.

We have with us today the Honourable Marc Garneau, Minister of Transport, and as witnesses from the Department of Transport, Donald Roussel, associate assistant deputy minister, and Kim Benjamin, director general.

To all of you, welcome. I would also like to welcome our newest member officially, Ben Lobb, and of course Michael Chong. We are happy to have Kelly Block back here on our team, as well as Mr. Aubin. The group on this side we all know very well.

Minister Garneau, I will turn the floor over to you.

Strengthening Motor Vehicle Safety for Canadians Act

[John Brassard, Conservative, Barrie—Innisfil, ON]

Yes, a very sad day. However, on a day that we are talking about motor vehicle safety, it is important to know that the venerable rodent died of natural causes today. The people of Wiarton will be holding a funeral for Wiarton Willie.

It is an honour to rise today for the first time in the House of Commons since returning from a summer of talking with constituents, attending events in Barrie—Innisfil, and being able to connect with Canadians across Canada in my former role as Veterans Affairs critic. One common theme that I heard this summer was that consumers are not having an easy time. Their taxes are going up and the cost of essential services is also rising, making it more difficult for them to replace those larger items they depend on, such as cars, trucks, and appliances. For anyone to suggest that the middle class and those working hard just to stay in it are any further ahead under the current government is false.

Bill S-2 was introduced by Senator Harder in May 2016. It resembles Bill C-62, which was introduced by my colleague from Milton, the former minister of transport in June 2015. In short, Bill S-2 would protect consumers by strengthening the Minister of Transport's responsibility to consumers by giving the minister the ability to assign penalties to car manufacturers for car defects and recalls.

It seems that vehicle recalls are becoming more commonplace. While these recalls ensure that road safety and preventing tragedies from happening are priorities, there needs to be a sense that manufacturers will continue to up their game and produce cars and trucks of greater quality than the year before, thereby preventing increased costs for consumers, dealers, and carmakers.

In 2015, over five million vehicles were recalled as a result of over 200 recall notices being issued. Bill S-2 would increase the authority of the minister, from issuing notices of safety defects and criminally prosecuting manufacturers, up to assigning penalties for safety defects.

The opposition does support the bill but feels that a greater conversation should take place in committee where amendments can be made to strengthen the bill. There, discussions will take place that will further protect consumers and manufacturers and, at the same time, make sure that the powers of the minister do not exceed a realistic expectation that might hamper the ability of car and truck makers.

Last night, in preparation for speaking today, I watched a few speeches by my colleagues. They were all excellent. However, I found the speech by the member for Peace River—Westlock to be the most interesting. He spoke from the perspective of a mechanic responsible for correcting the safety defects that cars are recalled for. I would like to read from Hansard a bit of what my colleague said yesterday:

The interesting thing about the recalls is that there is no similarity between any two of them. As mechanics tasked with correcting the issue, we often wondered why one thing was recalled and another was not, or why the same part was often recalled several times in a row. That goes to some of the issues the bill is trying to correct.... Many automotive manufacturers use the same supplier of airbags, and so the airbag recall crossed several different companies.

The last statement by the member for Peace River—Westlock identifies a concern about recalls and the suppliers. Will Bill S-2 single out car manufacturers only? Will the proposed act allow the minister to apply penalties to the suppliers of the car manufacturers?

The member for Peace River—Westlock also talked about the complexity of the recall itself. Again, reading from Hansard:

The whole [recall] system is in place already for when a manufacturer declares a recall, but it gets a little more interesting if the minister is going to declare the recall. Can the manufacturer at that point just say that since it is the minister who is declaring it, the parts will be made available and they will pay for getting the job done, but not necessarily reimburse the dealership's parts department or ensure they can actually make some money on it, particularly in the case of recalls that take a long time to develop the parts or develop the solution.

I do not know if Canadians completely understand how complex the issue of a recall can be, but I know that listening to the hon. member for Peace River—Westlock was a learning experience for me.

If, as my colleague points out, there is a disagreement between the Minister of Transport's office and the carmaker, will the car owner be caught in the middle? Make no mistake about it, the powers being given to the minister are diverse and tough. Do they extend further than they should?

Bill S-2 would give the minister the ability to order a company to issue a recall, require manufacturers and importers to fix defective vehicles at their expense, require companies to provide additional safety information, require companies in Canada to be more aware of foreign defects and issues with cars similar to those sold in Canada, fine manufacturers up to $200,000 per day per defect, and would provide increased powers to Transport Canada inspectors.

Bill S-2 would give the transport minister the same authority as the minister's American counterpart. Without doing some digging, the bill makes it seem that carmakers are sometimes reluctant to issue a recall notice. Here is a shout-out in support of manufacturers for issuing over 300 notices between 2010 and 2016, when Transport Canada had not received any complaints. Personally, my wife and I are currently going through a recall notice for one of our vehicles.

Will this bill make driving safer?

In the five years between 2010 and 2015, Transport Canada was responsible for only 9% of all notices from carmakers. Given that it only influenced 9% of recall notices, what does the government expect to see going forward? Will the minister have a threshold number of complaints before ordering a recall? Will the minister issue compensation awards based on the number of complaints or the severity of the defect?

It is my hope that Bill S-2 will not see carmakers going into either a defensive formation or issuing recalls to avoid an order to issue one. In preparing for speaking today, it has been my observation that car manufacturers in Canada and the U.S. have been, and are, very responsible to ensure that all defects are announced and taken care of as quickly as possible. No one wants to be driving a car that has a recall notice, and no one wants to be without a car because of a recall notice.

Finally, I also want to bring up a point that is related to how dealerships have to operate in these cases. The Minister of Transport will have to consider the ability of a dealership to correct defects quickly. In larger centres, this may not be the issue. In smaller centres like Barrie—Innisfil, the availability of parts for the recall will have an impact on the bottom line. Many dealerships are family-run businesses, with many family members being mechanics, sales people, and often office support staff.

Though I speak today on Bill S-2, I would be remiss if I did not mention that the government's planned tax reforms will also have an impact on these family-run businesses and their ability to provide good-paying jobs to people in their community. I cite some examples in Barrie and Innisfil of family-run operations that employ thousands of people in our area: men like Paul Sadlon, Jim Williams, Bob Jackson, Jamie Massie, and Drew Tilson, all automobile dealers.

The tax reforms that will hurt these family car dealerships can also affect how Bill S-2 would get defective cars repaired quickly. If tax reforms force the closure of a dealership or the downsizing of staff, all the efforts of Bill S-2 will be for naught.

Let us send Bill S-2 to committee to have important amendments made to strengthen the needs of the consumer while protecting responsible and proactive manufacturers from unreasonable government interference.

[Blake Richards, Conservative, Banff—Airdrie, AB]

Madam Speaker, the member indicated she was confused. I will tell her what it is: this is Bill S-2, the strengthening motor vehicle safety for Canadians act. It is right there, so if she wants to check it out, she can have a good look at it. That is what we are debating. There has been lots of discussion about it here. That is a good thing. It is always a good thing to have an opportunity to discuss a bill.

When we talk about its going to committee, I agree with her. It should be receiving some good study at committee. That is important, and I would support seeing that happen. There is no question about that. We should hear the different perspectives and make sure they are all taken into account in making changes. I would encourage that to happen.

[Blake Richards, Conservative, Banff—Airdrie, AB]

Madam Speaker, it is nice to be able to rise today and speak to Bill S-2.

I want to thank my colleague from Carlton Trail—Eagle Creek for her work on this file as our critic in the area. I join her in supporting the bill going to committee for further study.

Vehicle safety is an important issue. It is an important issue for all of us in the House and for all Canadians. Over 22 million motor vehicles are registered in Canada, which is equal to one vehicle for every 1.6 Canadians. That is a pretty staggering number. With such a high number of cars and trucks on the road, we as parliamentarians need to ensure that automakers are being responsible to consumers.

As a former firefighter, I had the unfortunate opportunity to see first-hand the aftermath of many car accidents. I am pleased to know that over the years vehicle safety has dramatically improved. As technology continues to improve and increase, consumers become more aware of the need to have a safe car. Nowadays, many of the advertisements for new cars begin with safety ratings or listing the number of airbags or other new technologically advanced safety features, which tells consumers where they are at with these things, and it is good to see.

It is up to us as parliamentarians to ensure that safety continues to be at the forefront of the agenda by doing what we can to ensure that vehicles that have defects get recalled promptly and that consumers are notified. The strengthening motor vehicle safety for Canadians act would certainly provide the power to the minister of transport to order a recall of vehicles and order companies to address deficiencies at no cost to consumers. This would be a way to ensure that Canadians are protected if there is a defect in their vehicle that would be as a result of the error of the manufacturer.

This legislation would also give the minister the ability to have manufacturers conduct specific tests on their products in order to be able to verify compliance with the act.

The minister of transport would have the ability to grant exemptions for regulations if the exemption promotes the development of new safety features or new technologies. That would be possible under this legislation as well.

Under Bill S-2, a manufacturer would have to increase the number of notices that it sends to consumers once a recall is issued, to ensure that the notice has reached consumers.

Transport Canada would also be granted additional powers to visit facilities and to obtain documents and testimony from employees.

This legislation would bring the powers of the minister of transport in line with those of our counterparts in the United States.

One of the reasons to support sending the bill to committee for further study is because these are all points that should have further discussion and debate.

Consumer advocacy groups have spoken out in support of this legislation and from their perspective it is necessary legislation. Our previous Conservative government introduced similar legislation in 2015.

These changes certainly may be needed but we need to ensure that all groups are heard from and given an opportunity to have their say. We have to take into consideration the point of view of auto and parts manufacturers who also represent a large part of the Canadian economy. Canada has a large auto and parts manufacturing sector that creates thousands of good-paying jobs nationwide. The last thing we would want to do as parliamentarians would be to create legislation that would drive them away from our country.

These new powers being proposed may be too sweeping. They may provide Transport Canada with the ability to order tests and unreasonable acts such as providing regular updates on the status of a recall and the availability of parts. What will happen when there is a difference of opinion between Transport Canada and auto and parts manufacturers?

Recalls have been increasing over the past six years. Safety-related recalls have increased by 74%. That shows that the current legislation we have is working and that auto and parts manufacturers are being responsible by initiating safety recalls without any prompting from the government.

My understanding is that auto and parts manufacturers are not necessarily opposed to this legislation, but they have raised some valid concerns and that is why it is important to look at sending this bill to committee.

I certainly would agree as well that Canada should attempt wherever possible to be in line with our American friends when it comes to certain legislation. The American government has the power now, for example, to induce a manufacturer to provide compensation to consumers for vehicles that need recall. In 2015, an auto manufacturer there was forced by the U.S. government to pay U.S. $105 million to buy back 500,000 trucks and SUVs and to offer incentives for consumers to participate in the recall. Canadian owners of those same vehicles did not receive those offers. That is a reason why it may make sense for our legislation to be in line with the U.S. government legislation, so that consumers are provided with the same levels and types of protections.

The biggest reason that I support sending this bill to committee is to ensure that proper consultations will actually happen with this bill. Proper consultations are extremely important, and the committee gives an opportunity for experts and witnesses to be heard and to provide their opinions on the matter. It is in contrast with what the Liberal government is currently doing with the small business tax changes that would damage our economy, small business owners, and those who work for small businesses. It would have a very detrimental effect on small business owners and employees and also on communities right across the country. In the communities I represent like Airdrie, Crossfield, Cochrane, Canmore, Banff, and many other communities like them all across the country, when there is a need to support a local sports team, when there is a charitable initiative, when someone is seeking to raise money for a family who is suffering through difficult times—and we have certainly seen some of those with some of the policies we have seen from the current government and its provincial counterparts in Alberta, that there is a lot of need for these things—it is small business owners who step forward. The current government, by not seeking to help them properly, is not giving them an opportunity that we would see under this bill with getting an opportunity in committee. When I think about those types of consultations, that is not what I want to see here.

I know, when speaking to people in the tourism industry, an industry that is important in my riding and important right across this country—about $90 billion to the economy—they tell me that the government has brought forward consultations on the small business tax changes. They are huge, massive changes that would have very detrimental effects. It is right in the middle of their busiest season, the tourism season in the middle of the summer. They have not even had a chance to look at these and figure out what kind of impact it would have on them, so how could they possibly be a part of consultations on it? They are certainly asking for more ability to be consulted on that. That is the kind of thing that we need to see occurring on all things like that. Certainly this change we are talking about here would be studied by a committee. That would give people an opportunity to be heard. That is what the government should be doing in the case of things like that.

When we talk about ensuring that people are being heard in this regard, we are talking about auto and parts manufacturers. They certainly need to be listened to. I hope that by sending this bill to committee, we will see them get the opportunity to speak and to give their recommendations on this legislation. I am pleased to see that the manufacturers support the premise of the legislation, but it is now up to us in this chamber to see what we can do to make the legislation work for all Canadians. That means sending the bill to committee for further evaluation and study.

Another aspect that the committee could seriously consider is that this bill would go beyond simply protecting consumers. It is a bill that would mandate that auto manufacturers need to provide financial compensation to auto dealers when a recall occurs. This changes the bill from a consumer protection perspective to a commercial relationship. By sending this bill to committee, the members would be able to discuss further whether additional ministerial or government powers are needed to build increased consumer protection.

We can address other concerns such as whether there are any unintended consequences that the bill might have on consumers. Obviously if the manufacturers are forced in the bill to comply with these regulations regardless of whether they are necessary, we can expect the prices of vehicles to increase to pay for the compliance with those things. These are things we need to be considering, and making sure that when this is being looked at, it is considered from a balanced perspective of manufacturers and the interests of consumers.

Achieving that balance is certainly where the challenge would be for this legislation. That is why it is important for the committee to have an opportunity to study it. That is why I support its going there.

Certainly, consumers need to be protected, especially when it comes to something as serious as motor vehicle safety. There is no question that studying the bill at committee would be an opportunity for us to see that done.

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Madam Speaker, you might find that question strange, but it is a good question.

Bill S-2 is about cars, about vehicle maintenance, about needing new wheel bearings. Now people will be buying joints at the corner store, smoking them, and getting behind the wheel. That is a fair bit more dangerous than a broken antenna. We need to deal with cars to prevent accidents, but a person who has legally smoked a joint and gets behind the wheel is much more dangerous.

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Madam Speaker, when it comes to road safety, we are all extremely concerned about marijuana-impaired driving.

With regard to Bill S-2, our concerns lie with motor vehicle recalls that do not happen. The problem is equipment-related. Our concerns about marijuana involve the person behind the wheel.

What does my colleague believe is a bigger safety issue, the concerns that are addressed in Bill S-2 or impaired drivers?

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Madam Speaker, the bill tabled back then had the consumer's best interests at heart. Is that not the very essence of our work? Is it not our duty as parliamentarians to work for the well-being and prosperity of Canadians?

Looking at all the initiatives we examine in the House of Commons, it is very easy to see which ones put Canadians first and which ones do not. Let us look at a few examples.

Is it in the best interests of Canadians for our country to rack up so much debt? Not in my view.

As we speak, Canada's federal debt stands at $650 billion, and grows by $77 million per day. Under the previous Conservative government, we guided this country through the worst recession of our lifetime. Through these difficult times, we managed to balance the budget by reducing taxes, reducing spending, and focusing on policies geared to steer the economy in the right direction.

Due to this, we needed to make difficult decisions. Someone once said that if everything is a priority, then nothing is a priority. However, we knew that these hard decisions would lead to better days for everyone.

Our goal was to create a climate for job creation and to see Canadians bring home more disposable income, more money in their pockets and not in the government's pockets.

On the other hand, the Liberal government chose to increase spending, not during a recession, but at a time when the economy was doing well. They are spending endlessly and without any real priorities. In their first two years in office, the Liberals spent the surplus left by the Conservative government, and they increased spending and the debt just as much as any socialist government would. Unbelievable. They can chuckle across the way, but that is the truth. Financial management at the finance ministry is so far left that it looks like the NDP's policies. The Liberals seem to have embraced the vision of the left.

Let us get back to the real issue here. Increasing the debt without a valid reason is not, and could never be, in the interest of Canadians, and yet, this government does not hesitate to act recklessly by wasting public money and creating a financial burden that will be left to our children and grandchildren. The Liberals are being just as reckless when it comes to the legalization of marijuana. Here is the question that none of the Doobie Brothers wants to answer.

What is behind the Liberals' desire to pass this legislation? We have as many questions as there are points in this bill.

We know that many Liberals have made serious financial investments in this industry, and we know that the same people stand to benefit. We also know that because of all their reckless spending, the Liberals are short on cash and need to find new revenue sources. This may explain their rush to pass this bill.

Yesterday the Minister of Public Safety informed us that this law would reduce the market share of organized crime in the marijuana industry, and that loss to organized crime would be a gain for the legalized system. The expected tax revenue for the federal government might explain its rush to implement this bill. Let us remember that the Liberals have spent all the money and need much more.

The Prime Minister stated that legalized marijuana is important to remove organized crime from the marijuana industry and to keep pot away from youth. At best, this statement demonstrates a clear lack of judgment. At worst, this sort of reasoning borders on insanity.

Why does the Prime Minister insist on insulting the intelligence of Canadians? Why would he add to the anxiety of parents who clearly are not interested in drugs being more accessible?

The Prime Minister is well aware that the pot available in 1969 was very different from the pot available now.

The RCMP can tell you that pot is often laced with methamphetamine and other synthetic drugs that get people addicted the first time they try it. Here again, the Prime Minister is refusing to let the facts get in the way of a good story.

We need to get back to the basics of governance and the primary role of government. We need to remember that the work we do and the decisions we make here in Ottawa, in the House of Commons, are important. We need to remember that what we do in the House today will affect our society for many years to come. We must never lose sight of our mandate, a mandate to work for the people in each one of our ridings. The 338 seats here represent 38 million Canadians. We must never forget that. We are here for them, not for special interest groups that already have a leg up.

As I said earlier, Bill S-2 is very similar to the bill the Conservative Party introduced in 2015. It is about giving Canadians the advantage and enhancing consumer protection.

As you know, from time to time, auto manufacturers issue recalls for certain vehicles to fix defective parts. As things stand, auto manufacturers themselves handle recalls for their products of their own accord. In 2015 alone, five million passenger vehicles were recalled in Canada.

As we debate the bill we need to be very careful about what the final product will look like. Yes, the intent is to increase consumer protection, but we have to make sure that this does not result in increasing costs for Canadians. We must ensure that the final text of the legislation does not provide opportunities to the Minister of Transport to make partisan decisions when applying the law.

In my province of Quebec, there is a law that requires drivers to install winter tires for the winter months. Changing winter tires is an added cost to consumers, but it can be argued that this measure actually saves lives.

As far as Bill S-2 is concerned, the final text has to be balanced. This is not just about giving the new transport minister new powers. He has to put the consumers' interests first. On this side of the House, we will review what is being proposed and wait to hear the government's arguments.

After witnessing the government's actions over the past two years, Canadians are right to be concerned for the next two years. Canadians gave the Liberal government another chance after the sponsorship scandal. Canadians forgave that government for taking their money with one hand and giving it to their friends with the other.

Canadians also realize that the Liberals are inclined to promote the interests of their party instead of the interests of Canadians. People recognize the importance of 2019, the year of the next federal election, the year they can thank the Liberals for their service and bid them farewell.

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Madam Speaker, today I will speak to Bill S-2,the act to amend the Motor Vehicle Safety Act and to make a consequential amendment to another Act . You may recall that former Conservative minister Lisa Raitt tabled a similar bill in June 2015—

[Sylvie Boucher, Conservative, Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC]

Madam Speaker, I would appreciate it if you could thank the member opposite on my behalf, because I feel it is important to point out that he is always present for every debate. I think he deserves credit, because apart from him and a few others, we have not had much opportunity to debate bills with members on the other side of the aisle since Parliament resumed.

Bill S-2 is, in my opinion, very important for motor vehicle safety. It is also common-sense legislation. This motor vehicle safety bill gives the minister of transport the power to order a recall and make companies repair defects at no cost to consumers. I think that is tremendously important.

We are buying new cars more and more. My dealership, which is located in my riding, is nice enough to call me or send me a letter every time there is a recall. That way, I know my car will be fixed at no cost to me. My dealership has already gotten into this useful habit. Dealerships have worked hard to make this progress happen. Now it is our turn to do our part by passing this Senate bill. We hope that all members will see their way clear to accepting the Senate's proposed amendments, which are extremely important.

Clause 10.52 states:

10.52(1) In this section, dealer means a person who is engaged in the business of purchasing vehicles or equipment directly from a company and reselling it to another person who purchases it for a purpose other than resale.

I support all the corrections being made, but the one that speaks to me most is:

10.52(2)(a) provide the dealer, at the company’s expense, with the materials, parts or components required to correct a defect or non-compliance in the vehicle or equipment, in accordance with any terms and conditions specified in the order;

Of course, it would be better if the bill went a bit further. Some potential changes that everyone could agree on would give the minister the authority to order a company to advise the person, in this case the dealer, who acquired a motor vehicle, to ensure that any defect or non-compliance involving the vehicle or a part is corrected before the vehicle is sold. That would avoid a lot of problems.

We know that Canada's roads are becoming increasingly dangerous. When people drive non-compliant vehicles it makes matters worse. We all know someone directly or indirectly who was in a serious car accident because they made a mistake, were inattentive, or were under the influence of alcohol or drugs. At times, however, the vehicle is to blame.

We heard my colleague from Beauport—Limoilou share a story with us. We see things like this in our communities every day. This bill needs to go back to committee and be amended a little. It needs to be discussed collectively because, based on what I am hearing, pretty much all the parties agree on the safety issue. The safety of drivers and people in general is what matters most. If there is a mechanical problem, this puts people in danger.

Obviously, I support Bill S-2. I would hope that the party opposite will accept these common-sense, non-partisan changes, since this is about people's safety, which should be our top priority. Yesterday we talked about border safety, and today we are talking about motor vehicle safety. I hope to see more bills on safety in Canada. It is an issue that is crucial to everyone. This is about life and death, and it is just common sense.

In my riding, like almost everywhere else, people are talking about important issues that the government is trying to sweep under the rug, specifically, Liberal taxation. We also need to have a non-partisan conversation on that issue. I have spoken with some Liberal backbenchers who have had the same problems we are having. We are receiving 200, 300, or 400 letters a week in our ridings from people who are worried about the direction the party opposite is taking.

It is a shame they are introducing bills that everyone agrees on. Our debates here should clarify things for Canadians. Bill S-2 is a very good example of that. Auto makers need to talk about safety, inform people, make Transport Canada part of the process, and be transparent. As the member for Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix, I find that this bill gives the minister a little too much power. However, if this will make Canadians safer, I am prepared to vote for it as long as it goes to committee for a few other changes.

[Sylvie Boucher, Conservative, Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC]

Madam Speaker, it is always an honour for me to take part in debates. Today's debate is very important and deals with motor safety.

When I saw Bill S-2, I could not help but wonder. With everything that is happening right now, there are much more important issues to deal with. However, we know that the Liberal government does not want to talk about them. It is much easier for the Liberals to focus on a bill that is an easy sell because it addresses an important need. Everyone agrees that motor safety is important, so we are going to participate in the debate.

Again today, there are not very many members opposite who want to talk about the bill that they themselves proposed, so I commend the members of the opposition for speaking in their place. It is a bit strange that the members opposite, the members who govern our great and beautiful country, are not participating in this debate as readily as we are. I commend my colleague opposite, whose name I forget but who is always in the House. It is honour to see you because you are—

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, it is important to recognize that Bill S-2 is all about making our roads and communities safer. This is a very important issue. Within two years, we were able to get this substantial legislation, which has been modified quite significantly from the Conservative legislation brought forward. When we look at that, it also protects the consumers. When someone walks into a car showroom and buys a vehicle, there is a certain expectation that the person is buying a safe vehicle. It provides even greater assurances to those consumers on those recall products.

Could my colleague share her thoughts about the importance of the data bank within Transport Canada? Most Canadians might not even be aware of it. People can go to the data bank at Transport Canada, type in their vehicle details, and get recall information. People might be surprised about how many vehicles have been recalled for one thing or another. It is estimated that as high as 50% or more of vehicles on the road today have some item under recall.

Could my colleague provide some thoughts on this great data bank, for those who might be participating in or following the debate? We should do what we can do promote that data bank.

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Madam Speaker, I would like to take a few moments and begin today by welcoming all the members of the House back to the Commons after the summer recess. I trust that we, on both sides of the House, have all had a good summer and are returning refreshed and invigorated, ready to continue the work bestowed upon us by our constituents.

There is much work to do toward creating a Canada where no one is left behind; where full access to universal and affordable housing, medicare, pharmacare, child care, and education are a reality; where communities are able to reconcile with our indigenous people, and that reconciliation amounts to more than just empty promises; and where assurance that promises for the issues that matter to Canadians, such as true electoral reform and environmental justice, are not forgotten.

The summer has been very productive for me in visiting with the people of London—Fanshawe. I had a chance to hear their concerns, communicate my renewed commitment to them, and celebrate our achievements as a community and as a country, while we were able to recognize that we still have much more to accomplish. I look forward to the session with renewed hope that we are able to work together to achieve progressive solutions for all. I am most eager to continue the work of New Democrats in the House for our goals of social justice, social democracy, fairness, and equity in all areas of life, which, quite logically, brings me to today's debate on Bill S-2. It is a bill that deals with motor vehicle safety.

Bill S-2 touches on issues that, while seemingly complex in the legislative language we use on the Hill, affect the lives of my constituents in real and substantive ways. In southwestern Ontario, London in particular, because of the lack of adequate federal investment in public transit infrastructure, notably rail, we are dependent on motor vehicles whether we like it or not. The Highway 401 corridor can be a death trap, especially in the winter. Without alternative means of travel, Canadians are forced to take the road in order to conduct the business of living from day-to-day.

It is distressing to me to note that motor vehicle safety is not mentioned in the mandate letter of the Minister of Transport. New Democrats see this as a real matter of concern, given that road accidents are responsible for the deaths of thousands of Canadians each year. The very least we can do at the federal level is enact binding legislation that protects the safety of our constituents as we transport ourselves and our loved ones to work, school, and play. This can be accomplished by reducing the risk of harm arising from motor vehicle manufacturing defects.

In 2017, motor vehicles have become moving computerized islands with Wi-Fi access, Bluetooth connection for communication while driving, enhanced voice recognition, and options for entertainment and even shopping while on the road. They offer safety modifications and driver assistance options programmed into the vehicle to make our drives easier, safer, and more pleasant. These are all good things, but as the member for Trois-Rivières pointed out yesterday, this advanced technology leaves the individual car owner unable to diagnose problems that are bound to occur or make repairs on her or his own. As motor vehicle owners, we are reliant on the systems and experts who understand these systems to ensure that everything is in working order when we hit the road. Our lives are quite literally in their hands.

While much of the automobile industry in Canada has been gutted by globalization and the absence of protection for the industry from this and preceding federal governments, southwestern Ontario remains the centre of automobile production in Canada. However, we do worry, because workers at CAMI Local 88 in Ingersoll, Ontario are facing and fighting that precise situation. More than 400 jobs were lost this past spring, because GM moved a product line, the Terrain, to Mexico, and not a word from the government. Now, 2,800 CAMI workers and their families are striking to keep the plant open with the production of the Equinox, and still nothing from the government.

It is my sincere hope that we can enact federal incentives and protections to prevent more automobile manufacturing jobs from moving offshore, and even to restore the industry to the powerhouse it was and can be again.

While the industry remains active in my region, I believe it is vital to enact legislation that protects consumers, retailers, and manufacturers from the financial, emotional, legal, and personal life costs we all pay for when safety regulations are inadequate.

Among others, the legislation before us today grants ministerial power to order a recall and to require more information from automakers. The minister may order a vehicle manufacturer to carry out tests, analyses, or studies on materials in order to obtain information on the defects of a part or of a particular vehicle model. This provision could have avoided the situation with General Motors Corporation, where there was a time lag between the corporation's awareness of an ignition system defect in 2004 and the company's recall notice 10 years later in 2014. That was 10 deadly years. That kind of delay is completely unacceptable.

General Motors has admitted responsibility for 29 deaths linked to these defects, and claims are still outstanding for 150 others. General Motors started its initial investigation of the problem in 2004 and conducted several tests, analyses, and investigations, but Transport Canada was only informed of this problem on February 10, 2014, a full 10 years and far too many lives later. One life lost as a result of manufacturing defects is too many, particularly when the company knows about the defect.

Despite the efforts of Bill S-2 to enhance motor vehicle safety for Canadians, the Auditor General of Canada's most recent report drew attention to several cases of dysfunction in the division of Transport Canada responsible for motor vehicle safety oversight. The Auditor General concluded that the funding cutbacks to the department were harmful and degraded the quality of the information that informs the directorate's planning and regulatory decisions.

He also indicated that the department had ignored essential partners like consumers' associations, motor vehicle safety advocates, and police forces in the process to review motor vehicle safety regulations. Consequently, it is possible that motor vehicle manufacturers exercised a disproportionate influence on Transport Canada decisions.

The Auditor General also pointed out that the department had not used its own research on rear seat occupants to develop a standard to increase safety. Rear seat passengers have a greater probability of sustaining injuries in an accident. Many of them are children. Despite 15 years of investment in research, Transport Canada has still not identified new safety measures for rear seat occupants.

New Democrats are of course in favour of granting ministerial powers that serve to avoid the kind of tragedy we saw in the case of the GM ignition system recall, and we will be supporting the bill at second reading. We do, however, have concerns about the ability of the ministry to enforce such powers when the fact of the matter is the department's operating budget for crashworthiness testing has been slashed by 59% for 2016-17, dropping from $1.2 million to $492,000. It makes it difficult for me to applaud the Liberals, who have allowed a budget that should have been enhanced to be so drastically diminished. This leaves a deficit of over $700,000 in a budget that should be enhanced to ensure public safety.

New Democrats call upon the minister to cancel the budget cuts to his department in order to make sure that these new powers granted in the legislation will be backed up by adequate resources. In addition, we are calling for a limit on the minister's discretionary power to enter into agreements with companies in violation of the act. We want to see the minister properly consult all partners when proceeding with a regulatory amendment that affects the safety of Canadians, and we want the minister to effectively use the data produced by his own department in order to adopt standards that will protect the safety of Canadians.

I hope that when the bill goes to committee it will be improved so that our constituents are safe.